TERMS AND CONDITIONS
Please take a moment to carefully review the following terms and conditions of Service.
Last Revision: November 30, 2023
1.1. Overview of Northside FAMLYNEST and services offered.
Welcome, and thank you for your interest in Northside FAMLYNEST – 4BR/1.5BA/2P (“Famlynest,” “we,” or “us”) and our website at https://famlynest.com/, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service(s)”). The terms “Northside FAMLYNEST,” “we,” and “us” refer to 2713 West Balmoral Ave LLC., a Company established in the State of Illinois.
- User Agreement and Eligibility
2.1. Acknowledgment and acceptance of terms by the User.
Upon initiating engagement with the services or properties facilitated by 2713 West Balmoral Ave LLC through actions such as clicking “I Accept” or similar affirmations or by other means delineated herein, the individual (hereinafter referred to as “the User”) acknowledges understanding and Agreement to the terms outlined in this document. Utilizing the services or properties is contingent upon compliance with these terms; failure to meet eligibility criteria or disagreement with these terms results in a lack of authorization to access the services or properties. This interaction establishes a binding agreement, mandating strict adherence.
2.2. Eligibility criteria for using the services.
Eligibility. To utilize the Service (s), individuals must be a minimum of 21 years of age. By consenting to this Agreement, the user hereby affirms to the Company that: (a) they are either 21 years of age to enter into this Agreement and possess the capacity to abide by its terms; (b) they have not been previously suspended or removed from utilizing the Service (s) or any short-term sites such as Airbnb, VRBO or Booking.com; and (c) their registration, along with their engagement with the Service(s) and Properties, aligns with all pertinent laws, rules, and regulations. In cases where the Agreement is accepted on behalf of an organization, the individual doing so confirms their authority to enact such binding, and the organization consents to adhere to this Agreement.
- Reservation and Check-In Process
3.1. Booking confirmation and check-in requirements.
Bookings are guaranteed until the scheduled day of arrival. However, it is important to note that if check-in is not completed on the designated arrival date, the reservation may no longer be guaranteed, and the accommodation may be reassigned to another guest. In line with the regulations of Cook County, IL, all reservations must be initiated by individuals aged 21 or above, and a valid photo ID is required to confirm your identity and age at check-in. Furthermore, if a reservation is made by a third party on behalf of the guest, this must be communicated clearly at the time of booking. Please note that third-party reservations are subject to review and may be approved on an individual case basis.
3.2. Detailed check-in procedure and requirements for valid ID.
We request guests inform us of their anticipated arrival time to ensure a seamless and welcoming check-in experience.
3.3. Check-in and check-out times and related policies.
Guests are welcome to check in any time between 3:00 p.m. and 12:00 a.m. and must check out by 11:00 a.m. on the day of departure. Failure to vacate the premises past the agreed check-out time grants us the authority to remove personal items and undertake necessary actions to regain possession of the unit to conduct cleaning procedures and general assessment of the unit’s state for potential damages. Additional charges up to 150% of the daily rate for each day overstayed, along with any other incurred costs or damages, will be the guest’s responsibility.
- Damage Policy
4.1. Responsibility for damages and associated fees.
Guests are responsible for any damages incurred during their stay caused by any group member, including visitors, that goes beyond normal wear and tear. In the event of excessive mess, additional cleaning fees may be levied. It is important to note that damages resulting from natural disasters are exempt from this policy. Guests are urged to report any damages at their earliest convenience. Following your departure, we will assess potential damages and discuss necessary repair costs. Guests are required to select from two damage protection coverage options. This provision is in place to ensure responsibility for any damages incurred during the stay and to maintain the property’s condition while also providing guests with a stress-free experience.
4.2. Options for damage protection:
Damage Waiver and Security Deposit.
Damage Waiver Fee: By opting for this choice, guests will be charged a non-refundable fee of $35. This fee represents a mutual agreement between the guest and FAMLYNEST, functioning as a form of insurance. It effectively absolves the guest of liability for any unintentional damages that might occur during their stay up to a limit of $500. This waiver lets guests relax and enjoy their visit, knowing that incidental damages are covered.
Security Deposit: Alternatively, guests may select a security deposit option. This involves a refundable deposit of $500, temporarily held to address any damages that might occur during the guest’s stay. Post-departure, the property undergoes a comprehensive evaluation. Assuming no damages are identified, the deposit will be fully refunded. It is important to note that the refund process is completed within ten (10) business days following checkout, although efforts are made to expedite this process. Be advised that a processing fee of up to 3% is subtracted from the refunded amount to cover administrative expenses associated with managing the security deposit. This fee is imposed by the financial institution handling these funds.
- Specific Usage Policies
5.1. Bunk Bed Usage and Liability Waiver.
The townhouse includes the use of a bunk bed. The upper bunk is designated for individuals aged six (6) and above, with a maximum weight capacity of 200 lbs (90 kg) per bunk. Guests are urged to avoid horseplay and to utilize the safety features provided. Usage of the bunk bed implies acceptance of personal risk and an Agreement to hold 2713 West Balmoral Ave LLC harmless from any liabilities or injuries incurred during its use.
5.2. Parking Space Guidelines.
Each reservation at our property includes access to a detached, open, and uncovered designated parking space situated over a gravel-covered floor and accessible through the alley. Guests are responsible for ensuring their vehicle is securely locked and correctly parked within the designated area, avoiding using unsigned parking spaces or temporarily using spots belonging to neighbors. An additional parking spot may be available upon request at least 48 hours before check-in to ensure availability.
5.3. Visitor rules and limitations.
To safeguard the safety, comfort, and compliance with local regulations for all guests, the number of visitors allowed is equal to 50% of the number of overnight-staying guests, which translates to a maximum of 4 visitors when the rental is fully occupied with nine guests, without surpassing a total of 13 individuals on the property at any given time. Visitors are allowed for a limited period but not during established quiet hours. The primary guest is accountable for their visitors’ conduct and adherence to all house rules. We kindly ask that the host be notified in advance of any anticipated visits and that all visitors adhere to the house rules, terms, and conditions.
5.4. Smoking and Vaping restrictions.
Smoking or vaping, including nicotine, tobacco-derived products, and cannabis-derived substances (encompassing e-cigarettes), is strictly prohibited in all areas of the property, including the garden. Violating this policy will result in an immediate directive to cease such activities, with the potential for reservation cancellation without refund and a requirement to vacate the premises promptly. Furthermore, an initial fee of $250 will be levied to cover the costs of cleaning and deodorizing the property, with the guest being held liable for any additional professional cleaning or repair expenses necessitated due to smoking-related damages.
5.5. Commercial Photography and Filming Prohibition.
Commercial photography and filming are prohibited anywhere on the property at any time. This restriction is in place to protect all guests’ privacy and security and prevent potential disturbances in the neighborhood.
5.6. Noise Control and Parties policy.
Parties are expressly prohibited on the premises. To foster a peaceful environment, quiet hours are observed from 10:00 p.m. to 8:00 a.m. on weekdays and from 11:00 p.m. to 9:00 a.m. on weekends. Guests must adhere to these guidelines to maintain harmony and respect within the housing complex.
5.7. Outdoor Spaces usage.
Guests are encouraged to enjoy the patio and backyard areas of the property at their convenience. However, it is imperative to recognize and respect neighbors’ privacy by not intruding upon their private backyards. Maintaining good neighborly relations is of utmost importance.
5.8. Prohibition of Firearms and Fireworks.
For the safety and security of all guests, the possession or use of firearms and fireworks is strictly prohibited on the property at all times.
5.9 Dog-Friendly Policy and Waste Management
Unattended Pets: For the safety and well-being of both your pet and our property, we require that pets not be left unattended at any time during your stay. Unattended pets can sometimes act unpredictably, causing potential harm to themselves, damage to the property, or disturbance to neighbors. Therefore, guests must ensure that their pets are accompanied at all times, either within the property or when outside.
In cases where guests need to leave the property without their pets, we recommend making arrangements for pet care in advance. We can provide information about local pet care services upon request. Failure to adhere to this policy may result in additional charges for any damages incurred or, in severe cases, may lead to the termination of the reservation without a refund.
Waste Management: As a reminder, guests with pets must ensure that their pets relieve themselves outside the boundaries of the entire housing complex. Pets are strictly prohibited from using the front or back yards for their toilet needs. Please be responsible for cleaning up after your pet in all public and communal areas.
- Security and Monitoring Disclosure
6.1. Use of security cameras and monitoring systems.
For the safety and security of our guests and property, please be advised that security cameras have been installed at both entrances, the garden, and the parking space. These cameras operate 24/7, utilizing cloud-based recording to facilitate the viewing or monitoring of public spaces exclusively. In addition to video surveillance, we have implemented systems for monitoring noise levels measured in decibels to maintain a peaceful environment within the property. Furthermore, we have installed cigarette smoke detectors to ensure adherence to the property’s non-smoking policy.
- Liability and Force Majeure
7.1. Limitation of Liability clause.
Limitation of Liability: Northside FAMLYNEST, its affiliates, officers, directors, employees, agents, or suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7.2. Force Majeure clause.
Force Majeure: Neither party shall be liable to the other for any delay or failure in performance under this Agreement arising out of a cause beyond their control and without their fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
- Legal Provisions
8.1. Third Party Rights.
Third Party Rights: Nothing in this Agreement shall confer, or is intended to confer, any rights or remedies under or by reason of this Agreement on any persons other than the parties to this Agreement and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third parties any right of subrogation or action against any party to this Agreement.
Waiver: The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect their right to enforce later or exercise it, nor shall any waiver of any breach or default constitute a waiver of any subsequent breach or default.
Severance: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement shall remain in effect.
- Dispute Resolution and Issues.
9.1. Binding Arbitration Process.
Binding Arbitration: All disputes related to this Agreement, including access to or use of our services, will be resolved through binding arbitration, a less formal process than a lawsuit in court. This includes disputes from before and after the effective date of this Agreement.
9.2. Exceptions to the arbitration process.
Exceptions: You may still bring individual actions in small claims court, pursue enforcement actions through appropriate agencies, seek injunctive relief in court, or address intellectual property infringement claims in a court of law.
9.3. Informal Dispute Resolution.
Informal Dispute Resolution: Both parties agree to attempt an informal resolution before arbitration. This involves a meeting, either by telephone or via videoconference, to discuss the dispute. This process must be initiated within 45 days of notifying the other party of the dispute.
9.4. Waiver of Jury Trial.
Waiver of Jury Trial: By agreeing to arbitration, you waive the right to a trial before a judge or jury.
9.5. Arbitration Process details.
Arbitration Process: The Federal Arbitration Act will govern and administer the arbitration by the American Arbitration Association (AAA) according to its rules. The arbitration will occur in the county where you reside unless an alternative forum is agreed upon.
9.6. Selection of Arbitrator.
Selection of Arbitrator: The arbitrator will be a competent retired judge or attorney and will be selected from the AAA’s roster. If there is no agreement on an arbitrator within 35 days, the AAA will appoint one.
10.1. Entire Agreement .
10.2. Assignment restrictions.
Assignment: You cannot transfer or assign this Agreement without our prior written consent. We may transfer or assign it at any time without notice or consent.
10.3. Waivers and Amendments.
Waivers and Amendments: Failure to enforce any part of this Agreement at any time is not a waiver of our right to enforce it later. Any waiver of any breach is not a waiver of any subsequent breach.
10.4. Severability and Statutory Rights.
Severability and Statutory Rights: The rest remains in effect if any part of this Agreement is found invalid or unenforceable. This Agreement does not affect your statutory rights as a consumer.
10.5. Headers and Interpretation.
Headers and Interpretation: Section headers are for convenience only and do not impact the interpretation of provisions. The word “including” means “including but not limited to
- Use of Personal Information
11.1. Policy on the use of personal information and its protection.